Family law is a specialized area of the legal system
The main deals with domestic related matters and family related issues. It includes various segments such as the family, marriage and divorce, adoption, alimony, child custody, division of assets and liabilities, division of property accumulated during the course of marriage, and even child death and birth. These legal matters are dealt at the local level by family law attorneys who are licensed by the state to practice family law.
Divorce is a very sensitive issue that touches even the most intimate family relationships. When two people decide to separate from each other and neither wants to go through a painful divorce process anymore, they can apply for a divorce request at the county level. This request goes to the family court where the judge will make a decision on whether the marriage has been irreparably broken and the couple is not capable to continue their relationship. If the judge rules in favor of the plaintiff, he will then grant a divorce request and the plaintiff will be legally separated from the spouse. If the plaintiff loses, the court may order a retrial, which means that another attorney will have to be hired for the case.
one of the major issues that arise is property division
After the divorce, one of the major issues that arise is property division. If there are children who are dependents, the parents are entitled to divide the marital property. However, this division is done according to state and federal laws. Usually, joint ownership of real estate and other property is determined by the family law courts based on the age of both the parties and the amount of marital debt that are accumulated. For instance, if the couple has a home loan and mortgage, the property is divided between them according to the schedule the mortgage holder sets.
Adoption is another family law matter that concerns a child who has been born outside of marriage. Under certain circumstances, the family court may recognize the right of an adopting father or mother to raise his or her child in their household. If the adopting parents are married, the adoptive parent must file a petition to the family court. He or she must also provide documentation such as income tax returns and bank accounts.
A legal separation is a separation in which one party remains legally married to another
Legal separations usually end with divorce but some divorces may not end in divorce if there are no children. A separation agreement is drawn up by the two parties and the court, after considering the wishes of both parties, enters a decision. The agreement details the custody, visitation, child support, spousal support and other matters pertaining to the legal separation. This type of separation is recognized by the family law courts and is recognized by most states.
A child custody matter is another area of family law matters that concerns the children. Custody refers to the responsibility to care for and bring up a child. In a child custody matter, a judge decides who will get custody of a child depending on his preference. This decision is made after taking into consideration the preferences of both parents and what would be best for the child in question. Again, a family law court will decide what is best for the child in question.